What is Probate? The Complete Guide to Probate in 2026

By Christopher W. Dumm, J.D., Founder & Principal Attorney, The Law Offices of Christopher W. Dumm

Probate is the legal process that transfers a deceased person’s property to their heirs and beneficiaries after death. If you’re reading this, someone you love has likely passed away, or you’re trying to protect your family from unnecessary stress and expense down the road. I’ve guided families through the probate process across Missouri, Kansas, Arkansas, and Texas for over 27 years. Here’s what you actually need to know about probate court, when it’s required, how long it takes, and how proper estate planning can help your family avoid it altogether.

Dumm Takeaways

• Probate is the court process that transfers a deceased person’s assets to heirs, typically taking 12 to 18 months in Missouri and Arkansas
• Having a will doesn’t avoid probate; it actually requires probate court validation and supervision of your estate
• Small estate thresholds differ by state: Missouri allows simplified procedures under $40,000, Arkansas under $100,000
• Living trusts, beneficiary designations, and transfer-on-death deeds let your assets bypass probate entirely
• Probate costs typically run 3% to 7% of estate value, including attorney fees, court fees, and executor compensation
• Personal representatives have serious fiduciary duties and can face personal liability for mistakes during estate administration
• Complex estates, family disputes, or multi-state property are red flags that you need experienced legal guidance immediately

What Probate Actually Means (And Why It Exists)

The Plain-English Definition of Probate

Probate is the court-supervised process that officially transfers a deceased person’s assets to their heirs and beneficiaries. Think of it as the legal mechanism that answers the question, “Who gets what?” after someone dies.

The probate court reviews the decedent’s estate, ensures debts and taxes get paid, and then distributes what’s left according to the will or state law if there’s no will.

Why Courts Get Involved When Someone Dies

You might wonder why the government needs to be involved in family matters at all. The probate proceeding exists to protect everyone involved. Without court oversight, there’s no neutral party to verify that the personal representative is handling the decedent’s property honestly, that creditors receive what they’re owed, and that family members get their rightful inheritance.

The probate court acts as referee, ensuring the estate administration follows the law and the deceased person’s wishes. It’s not perfect, but it prevents chaos and fraud.

Real-Life Examples of When Probate Happens

I’ve seen probate triggered in countless situations over my 27 years of practice. Here are three common scenarios.

• First, a widow dies owning her home in her name alone with no beneficiary designation or transfer-on-death deed. Her children must go through probate to legally transfer the real estate.
• Second, a father passes away with bank accounts that don’t list payable-on-death beneficiaries. The financial institutions won’t release those funds without letters testamentary or letters of administration from the probate court.
• Third, a retiree dies with a small estate worth $50,000 in personal property and no living trust. Even though it’s a modest amount, someone still needs legal authority to distribute those assets.

In each case, probate becomes necessary because the deceased person’s property has no automatic legal pathway to the rightful heirs.

The Exact Situations That Trigger Probate (And When You Can Skip It)

Property Titled in the Deceased Person’s Name Alone

This is the number one probate trigger I see. If your mom’s house is titled solely in her name, probate becomes necessary to transfer that real estate to you and your siblings. The same applies to vehicles, land, rental properties, or any decedent’s property with no co-owner or beneficiary designation.

Assets Without Beneficiary Designations

Life insurance policies and retirement accounts typically avoid probate because you name beneficiaries. But I’ve worked with countless families who discovered their loved one never filled out those beneficiary forms.

A 58-year-old client in Joplin found out his father’s $200,000 IRA had no beneficiary listed. That money went through probate, delaying distribution by 14 months and costing thousands in attorney fees. If there’s no named beneficiary, the asset becomes part of the probate estate.

Real Estate Owned as Tenant in Common

Joint ownership sounds safe until you learn there are different types. A Springfield couple owned investment property as tenants in common. When the husband died, his 50% interest required probate because tenant in common ownership doesn’t include automatic survivorship rights.

Bank Accounts and Investment Accounts Held Individually

Bank accounts and brokerage accounts without payable-on-death or transfer-on-death designations must go through probate. Financial institutions won’t release funds without letters testamentary or letters of administration from the probate court.

When Probate Is NOT Required

You can skip probate in several situations:

• Assets held in a revocable trust or living trust
• Property owned as joint tenants with rights of survivorship
• Life insurance policies with named beneficiaries
• Retirement accounts with beneficiary designations
• Bank accounts with payable-on-death beneficiaries
• Real estate with transfer-on-death deeds

A Bentonville widow came to us worried about probate after her 72-year-old husband passed. We reviewed their estate and found everything was properly titled. Their home was joint tenancy, bank accounts had beneficiary forms completed, and his life insurance named her directly. She avoided probate entirely.

Four Types of Probate Administration

1. Formal (Supervised) Probate Administration

This is the most intensive court-supervised process. The personal representative must get court approval for nearly every action, from selling real estate to distributing personal property.

I typically see formal probate when family members dispute the will, creditors are fighting over assets, or the estate is unusually complex. It offers maximum protection but takes the longest and costs the most in attorney fees and court fees.

2. Informal (Independent) Probate Administration

This is what most families go through. The personal representative handles estate administration with minimal court oversight after receiving letters testamentary or letters of administration. You file required documents with the clerk of court, but you don’t need permission for routine decisions.

In Missouri and Arkansas, informal probate works well for straightforward estates where heirs get along and debts are manageable. I’ve guided hundreds of executors through this process over 27 years, and it typically wraps up in 12 to 18 months.

3. Small Estate Affidavit Process

Both Missouri and Arkansas offer simplified procedures for smaller estates. Missouri allows small estate affidavits for estates under $40,000, excluding real estate and certain exempt property.

Arkansas sets the threshold at $100,000. You complete an affidavit, wait the required period, and then collect the decedent’s assets without full probate proceedings. It’s faster and cheaper, but you must meet specific requirements. A Joplin client used this for her mother’s $35,000 estate last year and had everything settled in just three months.

4. Summary Administration for Simple Cases

Summary administration falls between informal probate and small estate affidavits. Some states allow this streamlined process when estates are uncomplicated, all heirs agree, and debts are minimal. The probate court reviews documents but doesn’t require the extensive oversight of formal administration. It saves time and reduces costs while still providing court validation of asset transfers.

How the Probate Process Actually Works (Step by Step)

Step 1 – Filing the Will and Opening the Estate

The probate process begins when someone files the Last Will and Testament with the probate court in the county where the deceased person lived. You’ll also file a certified death certificate and a petition to open the estate.

In Missouri, you typically file with the local Circuit Court. Arkansas uses county probate courts. If there’s no will, you still file a petition requesting the court appoint someone to handle estate administration.

Step 2 – Appointing the Personal Representative or Executor

The probate court reviews the petition and appoints the personal representative named in the will, or if there’s no will, someone eligible under state law. The court issues letters testamentary if there’s a will, or letters of administration without a will. These legal documents give you authority to act on behalf of the decedent’s estate.

Step 3 – Notifying Heirs, Beneficiaries, and Creditors

You must notify all family members, beneficiaries named in the will, and known creditors about the probate proceeding. Most states require publishing a Notice to Creditors in local newspapers. This starts the clock for creditors to file claims against the estate. In Missouri, creditors typically have six months.

Step 4 – Inventorying and Appraising Estate Assets

Next, you create a complete inventory of the decedent’s assets, including real estate, bank accounts, investment accounts, personal property, and life insurance policies payable to the estate. Some assets need professional appraisals. I’ve worked with certified public accountants and appraisers for decades to value everything from family businesses to antique collections accurately.

Step 5 – Paying Debts, Taxes, and Administrative Expenses

The personal representative pays valid creditor claims, outstanding bills, final tax returns, and estate administration costs. This includes attorney fees, court fees, appraisal fees, and accounting expenses. Your fiduciary duty requires paying these obligations before distributing anything to beneficiaries.

Step 6 – Distributing Assets to Beneficiaries

After debts are paid and the creditor claim period expires, you distribute the decedent’s property according to the will or state intestacy laws. Real estate gets transferred through deeds, and personal property gets delivered directly to heirs.

Step 7 – Closing the Estate

Finally, you file a final accounting with the probate court showing all income, expenses, and distributions. The court reviews everything, and if satisfied, issues an order closing the probate estate. The personal representative is officially released from fiduciary duties.

Who Does What During Probate

The Executor or Personal Representative’s Responsibilities

The personal representative handles everything. You’re the quarterback of the probate process, managing the decedent’s estate from start to finish. Your fiduciary duty requires you to act in the best interests of beneficiaries and creditors.

A 62-year-old Springfield client was named executor of her brother’s estate in 2023. She felt overwhelmed until we explained her role clearly. She gathered assets, paid bills, filed tax returns, communicated with family members, and distributed property. We guided her through each decision.

What the Probate Judge Actually Does

The probate judge doesn’t manage the estate. Instead, the judge validates the will, appoints the personal representative, resolves disputes, reviews accountings, and approves the final distribution. Think of the judge as the referee who ensures everyone plays by the rules but doesn’t run the plays themselves.

The Probate Attorney’s Role

I help personal representatives fulfill their duties without making costly mistakes. We handle legal paperwork, advise on complex decisions, communicate with creditors and beneficiaries, and protect executors from personal liability. Over 27 years, I’ve seen how the right guidance prevents family conflicts and saves thousands in unnecessary expenses.

How Beneficiaries and Heirs Are Involved

Beneficiaries have specific rights during probate:

• Receive notice of the probate proceeding
• Review estate inventories and accountings
• Object to improper actions by the personal representative
• Receive their inheritance according to the will or state law

A Bentonville family stayed informed throughout their father’s estate administration because we kept communication open. Transparency prevents suspicion and conflict.

When Creditors Enter the Picture

Creditors can file claims after receiving the Notice to Creditors. The personal representative reviews each claim, approves valid debts, and rejects fraudulent ones. Creditors get paid before beneficiaries receive anything.

In Missouri, creditors typically have six months to file. A Joplin executor faced $80,000 in creditor claims on his mother’s $150,000 estate. We negotiated several claims down and rejected two improper ones, saving the heirs over $15,000.

How Long Probate Really Takes (And What Causes Delays)

The Minimum Timeline (6 to 9 Months)

Even the simplest probate proceeding takes at least six months because Missouri and Arkansas both have mandatory creditor claim periods. You can’t distribute assets until creditors have had their chance to file claims. A straightforward Joplin estate with one beneficiary, no disputes, and minimal assets still took seven months in 2024 because we had to wait out the legal deadlines.

Average Probate Duration (12 to 18 Months)

Most estates I handle take 12 to 18 months from start to finish. This timeline accounts for gathering the decedent’s assets, filing required documents with the probate court, notifying creditors, paying debts, preparing tax returns, and distributing property to beneficiaries. It’s not that the work takes 18 months. It’s that legal waiting periods, court schedules, and administrative requirements stretch the process out.

Complex Estates That Take Years

Estates with business interests, contested wills, or real estate in multiple states can drag on for years. A 67-year-old Springfield executor came to us in 2021 handling his father’s estate, which included partnership interests in three businesses and property in Missouri, Arkansas, and Texas. We finally closed that estate in late 2023.

Five Things That Slow Down Probate

Here’s what causes the biggest delays:

1. Family disputes over asset distribution or executor decisions
2. Missing or incomplete estate planning documents
3. Complex assets requiring professional appraisals
4. Tax issues or unfiled returns from prior years
5. Creditor disputes or claims requiring negotiation

How Proper Planning Speeds Up the Process

Good estate planning eliminates most probate delays before they happen. A living trust avoids probate entirely. Properly titled assets with beneficiary designations transfer immediately. Clear documentation prevents family fights.

A Bentonville couple worked with us to create a revocable trust in 2022. When the husband passed unexpectedly in 2024, his widow had access to all assets within days, not months. That’s the difference planning makes.

What Probate Actually Costs

Court Filing Fees and Administrative Costs

Court fees vary by county and estate size. In Missouri, you’ll typically pay $150 to $300 to open a probate estate with the clerk of court. Arkansas probate courts charge similar amounts. Add costs for certified death certificates, publication of the Notice to Creditors in newspapers, and various filing fees throughout the probate process. These administrative expenses usually total $500 to $1,500.

Attorney Fees (Hourly vs. Percentage)

We typically charge hourly rates for probate work, which gives you more control over costs. Rates range from $250 to $450 per hour depending on case complexity. Some states allow percentage-based fees calculated on the estate value. A $300,000 estate might generate $9,000 to $15,000 in attorney fees. I’ve found hourly billing is fairer for straightforward estates because you only pay for actual work performed.

Executor Compensation Rules

Missouri and Arkansas allow personal representatives to receive reasonable compensation, typically 3% to 5% of the probate estate value. Family members often waive this fee, but professional executors or trust companies charge for their services. A Springfield executor handling her aunt’s $200,000 estate in 2023 received $8,000 in compensation for 14 months of work.

Appraisal, Accounting, and Other Professional Fees

Real estate appraisals cost $300 to $600 per property. Business valuations run much higher. If you need certified public accountants to prepare estate tax returns or sort out the deceased person’s financial records, expect $2,000 to $5,000 or more. Complex estates require more professional help.

Hidden Costs Most People Don’t Expect

Here are expenses that catch executors off guard:

• Fidelity bonds required by some probate courts ($300 to $500)
• Property maintenance during probate (utilities, insurance, lawn care)
• Storage fees for personal property
• Travel expenses for out-of-state executors
• Lost investment growth on frozen assets

A 58-year-old Joplin executor spent $4,200 maintaining his mother’s empty home for 16 months during probate. Nobody warned him about ongoing utilities, insurance, and yard maintenance eating into the inheritance.

Table: Probate Cost Breakdown for Different Estate Sizes

Estate Value	Court Fees	Attorney Fees (Estimated)	Executor Compensation	Other Costs	Total Estimated Cost	% of Estate
$50,000	$500	$3,000-$5,000	$1,500-$2,500	$500-$1,000	$5,500-$9,000	11%-18%
$150,000	$750	$6,000-$9,000	$4,500-$7,500	$1,000-$2,000	$12,250-$19,250	8%-13%
$300,000	$1,000	$10,000-$15,000	$9,000-$15,000	$2,000-$4,000	$22,000-$35,000	7%-12%
$500,000	$1,500	$15,000-$25,000	$15,000-$25,000	$3,000-$6,000	$34,500-$57,500	7%-12%
$1,000,000+	$2,000+	$25,000-$50,000+	$30,000-$50,000	$5,000-$10,000+	$62,000-$112,000+	6%-11%

Missouri Probate vs. Arkansas Probate (What Makes Them Different)

Missouri’s $40,000 Small Estate Threshold

Missouri allows small estate affidavits for estates valued at $40,000 or less, excluding real estate and certain exempt property. This simplified process lets family members collect the decedent’s assets without full probate administration. A Joplin client used this procedure in 2024 for her father’s $38,000 estate consisting mainly of bank accounts and personal property. We completed everything in just 10 weeks.

Arkansas’s $100,000 Small Estate Limit

Arkansas is more generous with a $100,000 threshold for small estate procedures. This higher limit means more families can avoid lengthy probate proceedings. The difference is significant. An estate worth $75,000 requires full probate in Missouri but qualifies for simplified administration in Arkansas.

How Missouri Handles Supervised vs. Independent Administration

Missouri offers both supervised and independent administration. Most personal representatives choose independent administration because it requires minimal court oversight after receiving letters testamentary. You file an inventory and final accounting but handle daily decisions without court approval. Supervised administration means the probate court must approve major actions like selling real estate.

Arkansas’s Unique Filing Requirements

Arkansas requires specific forms and procedures that differ from Missouri. The probate registry in Arkansas counties has particular document formatting requirements. A 71-year-old Bentonville executor struggled with Arkansas paperwork in 2023 until we stepped in. Each state has quirks that trip up do-it-yourself executors.

Creditor Claim Periods in Each State

Both Missouri and Arkansas give creditors six months to file claims after the Notice to Creditors is published. However, the calculation methods and exceptions differ slightly between states. Missing these deadlines can create personal liability for the executor.

When Multi-State Probate Becomes Necessary

If the deceased person owned real estate in multiple states, you’ll need ancillary probate in each state where property is located. A Springfield widow faced probate in Missouri for her husband’s primary residence and separate probate in Texas for his rental property. We coordinated both proceedings, but it added eight months and significant attorney fees to the process.

Table: Missouri vs. Arkansas Probate Requirements Comparison

Requirement	Missouri	Arkansas
Small Estate Threshold	$40,000 (excludes real estate)	$100,000 (total estate value)
Creditor Claim Period	6 months from publication	6 months from publication
Primary Court	Circuit Court (Probate Division)	County Probate Court
Independent Administration Available	Yes (most common)	Yes (most common)
Executor Bond Required	Sometimes (depends on will language)	Sometimes (depends on will language)
Homestead Allowance	Up to $15,000 for surviving spouse	Up to $50,000 for surviving spouse
Average Probate Timeline	12-18 months	12-18 months
Filing Fee Range	$150-$300 (varies by county)	$150-$300 (varies by county)

Five Ways to Avoid Probate Entirely

1. Revocable Living Trusts (The Gold Standard)

A revocable trust is the most comprehensive probate avoidance tool I recommend. You transfer ownership of your assets into the trust during your lifetime, and when you die, those assets pass directly to beneficiaries without probate court involvement. You maintain complete control as trustee, can modify the trust anytime, and protect your family from the delays and costs of estate administration.

A 68-year-old Joplin couple worked with us in 2022 to create a living trust holding their home, rental property, and investment accounts. When the husband passed in 2024, his widow had immediate access to everything without filing a single probate document.

2. Joint Ownership with Right of Survivorship

Property owned as joint tenants with rights of survivorship automatically transfers to the surviving owner. This works well for married couples but creates problems in other situations. Joint ownership gives the co-owner immediate access to assets, which sounds great until you realize they can also withdraw or sell during your lifetime.

3. Beneficiary Designations on Accounts

Life insurance policies and retirement accounts let you name beneficiaries who receive the funds directly upon your death. These beneficiary forms trump what your will says. I’ve seen countless families surprised when life insurance paid someone other than expected because outdated beneficiary forms were never updated after divorce or remarriage.

4. Transfer-on-Death (TOD) and Payable-on-Death (POD) Accounts

Banks and investment companies offer TOD and POD designations that work like beneficiary forms. The account holder retains complete control during life, but at death, the funds transfer directly to the named person without probate. A Springfield widow discovered her late husband had set up POD designations on all bank accounts in 2023. She walked into the bank with a certified death certificate and had access to funds within days.

5. Beneficiary Deeds for Real Estate

Missouri and Arkansas both allow transfer-on-death deeds for real estate. You record a beneficiary deed naming who receives your property when you die, but you keep full ownership and control during your lifetime. The property transfers automatically at death without probate proceedings.

Table: Probate vs. Probate Avoidance Strategies

Strategy	Avoids Probate?	Cost to Set Up	Control During Life	Privacy	Best For
Last Will and Testament	No (requires probate)	$500-$2,000	Complete	Public record	Basic estate planning
Revocable Living Trust	Yes	$2,000-$5,000	Complete	Private	Most families wanting probate avoidance
Joint Ownership with Survivorship	Yes (first death only)	Minimal	Shared with co-owner	Public record	Married couples (with caution)
Beneficiary Designations (POD/TOD)	Yes	Free	Complete	Private	Bank accounts, investments
Transfer-on-Death Deed	Yes	$200-$500	Complete	Public record	Real estate (Missouri & Arkansas)
Life Insurance with Named Beneficiary	Yes	Policy premiums	Complete	Private	Providing cash to heirs
Small Estate Affidavit	Simplified probate	$500-$1,500	N/A (after death)	Public record	Estates under threshold limits

Seven Biggest Probate Myths That Cost Families Money

Myth 1 – Having a Will Avoids Probate

This is the most damaging misconception I encounter. A Last Will and Testament actually guarantees probate because the probate court must validate the will and supervise asset distribution. Wills are instructions to the probate judge, not probate avoidance tools. If you want to skip probate, you need a living trust or other transfer mechanisms.

Myth 2 – Probate Always Takes Years and Costs a Fortune

Straightforward estates often close in 12 to 18 months with reasonable costs. A 55-year-old Springfield executor handled his mother’s $180,000 estate in 2023 for about $8,500 in total attorney fees and court fees. That’s roughly 5% of the estate value. Not cheap, but not the financial disaster people imagine.

Myth 3 – The State Takes Your Property If You Don’t Have a Will

Missouri and Arkansas have intestacy laws that distribute your property to family members if you die without a will. The state doesn’t confiscate anything. Your spouse and children inherit according to a predetermined formula. The state only takes property when someone dies with absolutely no living relatives, which is extremely rare.

Myth 4 – Joint Ownership Solves All Probate Problems

Joint tenants with rights of survivorship avoids probate for the first death but creates other issues. You lose control, expose assets to your co-owner’s creditors and divorce, and still face probate when the last owner dies.

Myth 5 – Small Estates Don’t Need Probate

Small estate procedures still involve legal processes, just simplified ones. Missouri requires probate for estates over $40,000. Arkansas sets the limit at $100,000. Many families discover their modest estates exceed these thresholds once you add up the house, cars, bank accounts, and personal property.

Myth 6 – You Can DIY Probate Without an Attorney

Some personal representatives try handling probate alone and end up calling me six months later after making costly mistakes. A 62-year-old Joplin executor distributed assets before paying all creditor claims in 2024 and became personally liable for $12,000 in debts. Proper guidance prevents these disasters.

Myth 7 – Probate Is Always a Nightmare to Avoid at All Costs

Probate provides valuable protections. The court-supervised process prevents fraud, ensures creditors get paid fairly, and resolves disputes with legal authority. Sometimes probate is exactly what a family needs.

When You Actually Need a Probate Attorney

Complex or High-Value Estates

Estates over $500,000 or involving multiple types of assets require professional guidance. Tax implications, detailed inventories, and regulatory requirements become too complicated for most personal representatives to handle alone. We work with certified public accountants to ensure proper tax returns and minimize estate tax liability.

Contested Wills or Family Disputes

The moment family members start fighting over the decedent’s property, you need legal protection. I’ve mediated countless disputes over 27 years. Emotions run high during grief, and what starts as disagreement about mom’s jewelry can explode into full litigation. An attorney protects the executor from personal liability and helps resolve conflicts before they destroy family relationships.

Real Estate in Multiple States

Property in Missouri, Arkansas, Texas, or other states triggers ancillary probate in each location. A 69-year-old Bentonville executor discovered her father owned land in three states in 2023. We coordinated probate proceedings across multiple jurisdictions, which would have been impossible for her to manage alone.

Business Ownership or Partnership Interests

Valuing and transferring business interests requires specialized knowledge. Partnership agreements, operating agreements, and corporate structures create complications that go far beyond typical estate administration.

Creditor Claims or Estate Debts Exceeding Assets

Insolvent estates require careful handling. You must follow specific priority rules when paying creditors, and mistakes create personal liability. We help personal representatives navigate these treacherous situations and protect them from claims.

Unclear or Missing Estate Planning Documents

Missing wills, conflicting documents, or estates without any planning need professional attention. A Springfield family came to us in 2024 after finding three different versions of their mother’s will in her papers. We had to determine which document was valid and properly executed under Missouri law.

When You’re Named Executor and Feel Overwhelmed

Your fiduciary duty to beneficiaries is serious legal responsibility. If you’re feeling stressed, confused, or worried about making mistakes, that’s the moment to call us. Here are signs you need help:

• You don’t understand probate court procedures
• Family members are questioning your decisions
• You’re unsure about tax obligations
• The estate has assets you can’t locate or value
• Creditors are threatening legal action

Frequently Asked Questions About Probate

1. Does having a will mean my family avoids probate?

No, a will actually requires probate. The probate court must validate your will and supervise the distribution of your assets. If you want to avoid probate, you need a living trust or other transfer mechanisms.

2. How much does probate typically cost in Missouri?

Most Missouri probate cases cost 3% to 7% of the estate value, including attorney fees, court fees, and executor compensation. A $200,000 estate might cost $6,000 to $14,000 depending on complexity and whether family disputes arise.

3. Can I handle probate myself without hiring an attorney?

You legally can, but I strongly discourage it. Personal representatives who try DIY probate often make costly mistakes with creditor payments, tax filings, or court procedures. One wrong move can create personal liability for thousands of dollars.

4. What happens if someone dies without a will in Arkansas?

Arkansas intestacy laws distribute the decedent’s property to surviving family members in a specific order. Your spouse and children inherit first, then parents, siblings, and more distant relatives. The state doesn’t take your property.

5. How long do creditors have to file claims against an estate?

Both Missouri and Arkansas give creditors six months from the date you publish the Notice to Creditors in local newspapers. After this period expires, most late claims get rejected unless they fall under specific exceptions.

6. Do all assets have to go through probate?

No, assets in living trusts, jointly owned property with survivorship rights, accounts with beneficiary designations, and property with transfer-on-death deeds all avoid probate. Only assets titled in the deceased person’s name alone require probate proceedings.

7. What’s the difference between an executor and a personal representative?

They’re the same role with different names. Executor is the term used when there’s a will. Personal representative is the broader term that includes administrators appointed when someone dies without a will.

8. Can I sell my parent’s house during probate?

Yes, but you need proper authority from the probate court first. In independent administration, you can sell real estate after receiving letters testamentary. Supervised probate requires specific court approval before selling property.

9. What if the estate doesn’t have enough money to pay all debts?

This is called an insolvent estate. You must follow state priority rules for paying creditors, with funeral expenses and administrative costs typically paid first. Beneficiaries receive nothing until all valid debts are satisfied.

10. How much can an executor charge for their services?

Missouri and Arkansas allow reasonable compensation, typically 3% to 5% of the estate value. Family members often waive this fee, but you’re legally entitled to payment for your time and work as personal representative.

11. Do I need probate if the estate is under $40,000?

In Missouri, estates under $40,000 may qualify for the simplified small estate affidavit process instead of full probate. Arkansas has a $100,000 threshold. These procedures are faster and less expensive than traditional probate administration.

12. What documents do I need to start the probate process?

You’ll need the original Last Will and Testament, a certified death certificate, a list of heirs and beneficiaries, and a petition to open the estate. We help clients gather everything required for filing with the probate court.

13. Can beneficiaries force an executor to distribute assets early?

No, beneficiaries must wait until the personal representative completes all required steps. This includes paying creditors, filing tax returns, and receiving court approval. Premature distributions can create personal liability for the executor.

14. What happens if family members contest the will?

Will contests create formal probate litigation. Common grounds include lack of mental capacity, undue influence, or improper execution. We represent both executors defending valid wills and family members with legitimate concerns about suspicious circumstances.

15. Do I need to file tax returns for the deceased person?

Yes, you must file final personal income tax returns for the year of death. Depending on estate size, you may also need to file estate income tax returns or federal estate tax returns. We coordinate with certified public accountants.

16. Can I live in my parent’s house during probate?

It depends on your situation and whether the will addresses this. As executor, you can’t benefit yourself at the expense of other beneficiaries. If you’re the sole heir, it’s usually fine. Multiple heirs make this complicated.

17. What if I find assets after closing the estate?

You may need to reopen probate to distribute newly discovered property. Small amounts might be handled informally among heirs. Significant assets require formal proceedings to ensure proper transfer and protection from future legal challenges.

18. How does probate work for blended families?

Blended families create complex situations, especially without proper estate planning. Surviving spouses have legal rights that may conflict with children from previous marriages. Clear documentation prevents disputes, but probate court resolves conflicts when necessary.

19. Can creditors take my inheritance before I receive it?

Valid creditor claims against the estate get paid before beneficiaries receive distributions. However, creditors cannot pursue inherited assets after they’ve been properly distributed to you, except in cases of fraud or improper executor conduct.

20. What’s the first thing I should do after being named executor?

Call an experienced probate attorney immediately. We’ll explain your fiduciary duties, help you gather required documents, and guide you through the entire process. Many costly mistakes happen in the first few weeks when executors don’t understand their responsibilities.

Conclusion

Probate doesn’t have to feel overwhelming. For over 27 years, I’ve guided families through the probate process across Missouri, Kansas, Arkansas, and Texas with clarity and compassion. You deserve to understand your options and protect your family from unnecessary stress and expense.

Download our free Probate Reference Guide for essential timelines and checklists in Missouri, or let’s discuss your specific situation in a free consultation.

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